Trial Ask For Continuance In Fairfax
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FAQ
Perhaps the most common reason for a continuance is when one side did not have enough time to investigate the case and analyze the evidence. Many defense attorneys, especially public defenders, can move only so quickly because they are representing many clients.
Begin with a formal salutation, such as "Dear Judge Last Name," and introduce yourself and your case. Clearly state your reasons for requesting a continuance and provide supporting evidence. Conclude your letter by expressing your gratitude and willingness to cooperate with the court's decision.
Circumstances that may indicate good cause for a continuance include the unavailability of an essential witness (CRC 3.1332 (c)(1)); the unavailability of a party because of death, illness, or other excusable circumstances (CRC 3.1332 (c)(2)); or a significant, unanticipated change in the status of the case as a result ...
You absolutely can appear in court and inform them that you were unable to properly serve, and ask for a formal 'continuance' (delay) asking for more time to find the defendant. If this is a first time, judges tend to allow such a delay if it is not too long.
A request for a continuance must be made in person on your court date before the judge. If you are unable to appear on the court date, you may file a request for a continuance, in writing, no less than two business days prior to the court date.
Valid reasons include personal emergencies, unavailability of essential evidence, and lack of legal representation. How do I notify the court? You can notify the court by directly speaking to the court clerk or filing a motion for continuance before the hearing begins.
A continuance can provide many advantages if used appropriately: Time to Build a Strong Defense: More time can allow your lawyer to gather additional evidence, secure vital witnesses, or consult with experts that will strengthen your defense.
If you are unable to appear on the court date, you may file a request for a continuance, in writing, no less than two business days prior to the court date. Such written request will be placed with the case documents; and on the court date, the Judge will consider your request.
